When children are removed from homes: Officials explain the process

Feb. 14, 2014

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Threats reported at home

A Springfield fire marshal was called to the Florida Street home Thursday on a report of threats made to the property. Fire marshal Mark Epps said the occupants also found incendiary devices in the backyard. Epps said there are no suspects, and marshals continue to investigate.

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Six children were removed from a Springfield home earlier this year after, court documents say, one of the children needed hospital treatment for multiple injuries and signs of starvation.

The parents’ attorney told the News-Leader they deny allegations of abuse outlined in a search warrant document, including that the injured girl was sometimes kept in a cage.

But, asked about the case, child welfare officials on Thursday explained their procedures. They say it takes evidence to remove a child from a home and a removal indicates that something bad has already happened or is likely to happen.

Lisa Altis, supervisor of the child abuse and neglect division of the Greene County Juvenile Office, said once child welfare investigators from the state Children’s Division contact her office to recommend a removal, both departments get together to make a decision quickly.

“If we make a decision that a child needs to be taken into protective custody, it means we feel like the situation is pretty imminent,” she said. “There are statutes that tell us there has to be imminent risk of harm, or that something serious has already happened. It’s not just if something is a little bit concerning — there has to be a high risk of concern.”

While the Children’s Division was already looking into a family at a West Florida Street home, search documents say, the girl’s condition at the emergency room on Dec. 26 led police to get involved.

Documents say that police investigation included allegations the preschool girl had been tied to a chair and thrown down the stairs, kept in a cage in an area of the house the children called “the hole,” and not fed regularly.

Her age is listed in court documents as both 3 and 4, probably because she had a birthday during the course of the investigation.

The parents, Dustin Richard and Kaylah Hill, were interviewed by police and denied any abuse. Their attorney, Kyle Wyatt, said he believes a doctor’s testimony in court will also reveal the allegations of illnesses that went untreated and claims the girl was starved are unfounded.

Wyatt said there were no broken bones or other injuries that would suggest the girl was pushed down the stairs. He also said testing revealed she was in the 75th percentile for weight.

He said he will argue in a custody hearing on Feb. 19 that the children should be returned to Richard and Hill.

Altis said the Children’s Division typically works with the family before there’s any discussion about the state taking custody.

“Their goal is to try to make the home safe without trying to remove children,” she said. “Sometimes it’s serious enough that they immediately send a referral. Other times things may have started off well but started going bad.”

In the case of Richard and Hill, Children’s Division investigators had been involved at least since November. The preschool girl was taken into state protective custody upon leaving the hospital, search documents say. Officials made the decision to remove the other five children at a later date.

Documents list four different Children’s Division investigators during that time frame. Altis said that department receives roughly 10 times as many calls as the juvenile office does, keeping the Children’s Division busy.

“It’s not uncommon if there’s multiple calls that a case would be assigned to different investigators,” she said.

Those investigators are usually tasked with collecting information from both children and adults to determine if a situation is potentially dangerous.

Altis said there’s no formula to determine if a child’s statement is worth more or less than an adult’s.

“It’s so case by case,” she said. “There are some adults that seem less believable than children. We take in as much information as we can, and we assess the credibility of that person regardless of age.”

Once Children’s Division and juvenile office officials make the decision to remove a child, a protective custody hearing is held within three days, at which point a judge decides if the children should be returned to the home.

“Very rarely do kids not continue in custody,” Altis said.

After the initial hearing, there is an evidentiary hearing within 60 days. After that, the case is in court every three to four months, Altis said.

Throughout the entire process, the Children’s Division and juvenile office team members hold regular meetings to share information.

The search warrant return on the Florida Street house was filed in Greene County Circuit Court on Feb. 5. The document says photos were taken but doesn’t indicate how many or what the photos captured.

Police wrote in a search warrant affidavit that they were attempting to locate “items used in corporal punishment” such as “weapons, cages and restraints.” Attorney Wyatt said no cage was found during the search.

No criminal charges have been filed, though Springfield police say they’re preparing to present probable cause to Greene County prosecutors.